What is the significance of the phrase “at the time the claimed invention was made” in Pre-AIA 35 U.S.C. 103(c)?
What is the significance of the phrase “at the time the claimed invention was made” in Pre-AIA 35 U.S.C. 103(c)? The phrase “at the time the claimed invention was made” is crucial in understanding the application of Pre-AIA 35 U.S.C. 103(c). According to the MPEP 2146: “The phrase ‘at the time the claimed invention was…
Read MoreWhat is the significance of NAFTA and WTO member countries in establishing invention dates?
The significance of NAFTA (North American Free Trade Agreement) and WTO (World Trade Organization) member countries in establishing invention dates relates to changes in U.S. patent law that expanded the geographical scope for proving invention dates. According to MPEP 2138.02: “Pre-AIA 35 U.S.C. 104, as amended by GATT (Public Law 103-465, 108 Stat. 4809 (1994))…
Read MoreWhat is the main difference between AIA 35 U.S.C. 103 and pre-AIA 35 U.S.C. 103?
The most significant difference between AIA 35 U.S.C. 103 and pre-AIA 35 U.S.C. 103(a) is the timing of the obviousness determination. As stated in the MPEP: “AIA 35 U.S.C. 103 determines obviousness before the effective filing date of the claimed invention, rather than as of the time that the claimed invention was made.“ This change…
Read MoreNo more FAQs
All relevant information from MPEP 715.07(c) has been covered in previous FAQs. No additional meaningful questions can be generated without significant repetition. To learn more: MPEP patent examination NAFTA WTO invention date To learn more: Patentability Report P.R.
Read MoreWhat activities can be applied against patent claims under MPEP 715.01(d)?
According to MPEP 715.01(d), activities showing that the claimed invention was used or known prior to the filing date of the application can be applied against patent claims, unless they constitute a statutory bar. Specifically, the MPEP states: “Unless it is a statutory bar, a rejection under pre-AIA 35 U.S.C. 102 or 103 based on…
Read MoreWhat is the significance of 37 CFR 1.131(a) affidavits or declarations in establishing invention dates?
37 CFR 1.131(a) affidavits or declarations are important tools for establishing invention dates under pre-AIA law. The MPEP 715.07(c) states: “The 37 CFR 1.131(a) affidavit or declaration must contain an allegation that the acts relied upon to establish the date prior to the reference or activity were carried out in this country or in a…
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